Yes, a drug test would be allowed.
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It is clear that when a defendant is under Interim Probation or Release Under Supervision, or similar program, that during that time and up to sentencing, he can be drug tested. Otherwise, when a defendant's physical and mental condition is at issue, the judge may order a thorough phys/mental exam in a designated facility. This, for example, might include a defendant who is elderly and suffering from diabetes which could present issues if incarcerated. Your facts do not state whether the court specifically ordered drug testing or if you even have a history of drug abuse. If there is no order, there is no specific provision dealing with drug testing that I found in CPL 390.30. I am unaware of any cases which may have found that such testing, in the absence of a court order, is implicit in conducting such testing outside the examples I mention. What does your attorney say?
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